UK infrastructure: challenges and opportunities

							About ACE
Purpose of ACE
• ACE exists to represent its members’ interests to clients,
  both government and private sector, and stakeholder
  organisations, including the professional institutions, industry
  bodies and academic institutions. In addition ACE keeps
  abreast of the latest developments which affect our
  member’s businesses.
Values

         Passion for consultancy and engineering

           Commitment to delivering service excellence

           Representing ethical behaviour and integrity

         Encouraging collaborative working
ACE’s strategic aims
• To be the voice of the UK industry
• To continue to increase its representation
• To promote the business interests of its sector to
  UK and global stakeholders, including
  governments and clients
• To provide business information, services and
  standards for the sector
• To operate a dynamic and sustainable business
  structure
Membership - national
• Approximately 600 companies
• Representing 90,000 employees
• Corporate membership
• 96% SME – 87% employ fewer than 50 people
• But – most of UK’s major consultancies are also
  represented
ACE in Scotland
• 84 member companies
  represented at around
  152 locations
• Represented by ACE
  Scotland Committee
• Engagement with key
  government, client and
  stakeholder bodies in
  Scotland
ACE Agreements
• ACE prepare Agreements for
  • Design
  • Advisory, Investigation and other Services
  • Design & Construct
  • Sub-Consultancy
  • Homeowner
  • Expert Witness
  • Adjudicator
Agreement 9
• Certification is NOT
  design


• Considered that a
  separate Agreement was
  required for Certification


• Worked with SER in
  developing Agreement 9
Agreement 9
• Part A: Memorandum of Agreement


• Part B: Particulars of Agreement
    o Defines agreed Professional Indemnity
      Levels for Certification
    o Defines Period of Liability for Certification


• Part C: Programme


• Part D: Schedule of Fees
Part E: Terms of Contract
 Clients Obligations

 E2.2   The Client shall supply the Consultant without
        charge and in a timely fashion with all
        necessary and relevant information in the
        possession of the Client or any of the Client’s
        agents consultants or contractors and with
        any necessary instructions decisions
        consents or approvals.
Part E: Terms of Contract

 Client Obligations

 E2.3    In particular, the Client shall use reasonable
         endeavours to procure that the Contractor
         provides and procures from Sub-Contractors
         (as such terms are defined in Part F: the
         Schedule of Services) and supply to the
         Consultant without charge and in a timely
         fashion all information within the scope of
         Structural Design Information (defined in Part
         F: the Schedule of Services) or otherwise
         necessary to permit the Consultant to
         perform the Services.
Part E: Terms of Contract

E5.7   Save in respect of personal injury or death, the
       Client shall look only to the Consultant (and not to
       any of the Consultant’s personnel) for redress if
       the Client considers that there has been any
       breach of this Agreement. The Client agrees not
       to pursue any claims in contract, delict or statute
       (including negligence) against any of the
       Consultant’s personnel as a result of carrying out
       its obligations under or in connection with this
       Agreement at any time and whether named
       expressly in this Agreement or not.
Part E: Terms of Contract

 E5.9   The Consultant shall not be in breach of its
        obligations under this Agreement to the
        extent that the reason the Certificate is not
        issued (or its issue is delayed) is the Client’s
        failure to comply, or delay in complying, with
        clause E2.2 or E2.3.
Part E: Terms of Contract

 E5.10   The parties agree that the services specified
         in Part F: The Schedule of Services do not
         give rise to any duty (whether under contract,
         delict or tort, at common law or under
         statute):-


         (1) to check whether Structural Designers
         have discharged any duty of care undertaken
         by them to the Client or to any other party
Part E: Terms of Contract

 (2) to verify the adequacy of the Structural Design
 Information beyond that which is necessary to issue
 the Certificate in accordance with the Act and the
 Regulations


 (3) to warn the Client of defects or potential defects in
 the design of the Works except as expressly stated in
 Part F: The Schedule of Services
Part E: Terms of Contract

 E5. 11   The issue of a Certificate or Form Q in
          accordance with Part F: The Schedule of
          Services is not and shall not be deemed to be
          a warranty or undertaking by the Consultant
          that the Structural Design Information is or
          may be fit for purpose.
Part F: Schedule of Services
Definitions
 Certification Strategy
 the strategy agreed between the Client and the
 Consultant to procure the issue of the Certificate,
 taking into account the type of construction
 procurement, programme, information required from
 the Client, the Scheme requirements and all
 applicable statutory requirements.
Part F: Schedule of Services
Definitions
 Contractor
 a contractor who has responsibility for the preparation
 of Structural Design Information (including any
 prepared by Sub-Contractors)


 Sub Contractor
 persons employed by the Contractor with
 responsibility for preparing Structural Design
 Information for any part of the Project
Part F: Schedule of Services
Definitions
 Other Consultants
 those consultants involved in the Project (other than
 the Consultant) who are involved in the design,
 detailing or specification of elements of work which
 require certification under the Scheme and who
 consequently are defined as Structural Designers
 under the Scheme


 Structural Designer(s)
 each person engaged on the Project who has
 responsibility for preparing Structural Design
 Information for the Project or any part of it (including
 Sub-Contractors)
Part F: Schedule of Services
Pre Certification

 • Obtain from Client details of project,
   programme, warrant application staging
 • Advise Client on relationships of other parties
   to the process and name Certifier
 • Advise Client on Structural Design Information
   and programme for receipt to meet agreed
   programme
 • Agree Certification Strategy
 • Obtain from Client Application Forms and
   Structural Design Information for the warrant
Part F: Schedule of Services
Certification

 • Review the provided Structural Design
   Information (SDI) for compliance with Building
   Standards
 • Advise Client on omissions in SDI preventing
   certification
 • Advise relevant Structural Designer and Client
   if SDI information does not comply with
   Building Standards Section 1
 • Request and receive revised SDI on non
   compliant issues and assess revised SDI
Part F: Schedule of Services
Certification

 • When satisfied with SDI, procure Certificate
   and Issue to Client with Schedule 1 Form (if
   required)


 • Request Client procures from Contractor &
   Sub Contractors all SDI required for Schedule
   1 Items
Part F: Schedule of Services
Form Q

 • Review the provided Schedule 1 SDI for
   compliance with Building Standards
 • Advise Client on omissions in Schedule 1 SDI
   preventing completion of Form Q
 • Advise relevant Structural Designer and Client
   if Schedule 1 SDI information does not comply
   with Building Standards Section 1
 • Request and receive revised SDI on non
   compliant issues and assess revised SDI
 • When satisfied with Schedule 1 SDI, issue
   completed Form Q to Client
Part F: Schedule of Services
Amendment to Warrant

 • Amendments to Certified Design require a
   review – additional fees referred to
 • Client provides full details of amendments to
   certified design to Certifier
 • Certifier advises whether a new certificate is
   needed
 • Where a new certificate needed then
   certification process redone
 • Where original certificate stands then Certifier
   advises Client and writes to Verifier confirming
   this.
Why use Agreement 9?

 • Separates Design from Certification
 • Shows Certification has value
 • Defines liability and obligations
 • It defines who else is a Structural Designer for
   certification purposes
 • Provides a common scope of services
Where can I buy Agreement 9?

 www.acenet.co.uk and click on ACE Agreements


 Paper and Digital Versions available
 Member and non-member prices
ACE Survey on SER Scheme

 ACE Committee in Scotland regularly receive
 comments and queries on SER Scheme mainly
 on an informal basis.


 To allow definition of whether the issues raised
 are general and define the scale of issues a
 survey was prepared and is running till end of
 November 2011.


 Survey discussed with SER prior to issue and
 some additional questions added at their
 request.
ACE Survey on SER Scheme
 • The results of survey will be reviewed and
   analysed and an action plan prepared which
   may involve
     • Training and seminars for other
       professions
     • Representation to Scottish Government/
       LA’s (Verifiers)
     • Representation to SER
     • Representation to Agreement drafting
       organisations/ NBS, etc.
ACE Survey on SER Scheme

 Survey is open to both ACE member firms and
 non-member firms and we would like as many
 certifiers and approved bodies as possible to
 respond-


           TELL YOUR COLLEAGUES


 Findings will be shared with SER but identity of
 respondents won’t be shared. All respondents
 will be provided with survey results.
ACE Survey on SER Scheme


     www.acenet.co.uk/ser

 Will only take 5 minutes to respond and have
 your thoughts counted